BILL NUMBER: SB 1303	CHAPTERED  04/12/99

	CHAPTER   9
	FILED WITH SECRETARY OF STATE   APRIL 12, 1999
	APPROVED BY GOVERNOR   APRIL 12, 1999
	PASSED THE ASSEMBLY   MARCH 25, 1999
	PASSED THE SENATE   MARCH 22, 1999
	AMENDED IN SENATE   MARCH 18, 1999
	AMENDED IN SENATE   MARCH 17, 1999

INTRODUCED BY   Senator Solis

                        MARCH 10, 1999

   An act to add Sections 1252.3 and 1279.1 to the Unemployment
Insurance Code, relating to unemployment compensation, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1303, Solis.  Unemployment compensation benefits:  freezing
weather.
   Existing law provides that an individual is considered "unemployed"
for the purpose of eligibility for unemployment compensation
benefits if for any week of less than full-time work, the wages
payable to the individual for that week, when reduced by $25 or 25%
of the wages payable, whichever is greater, do not equal or exceed
the individual's unemployment weekly benefit amount.  Existing law
provides for the calculation of unemployment benefits.
   This bill would provide that an individual who has been laid off
from work or who is unable to commence work as a direct result of the
freezing weather conditions in December 1998, as specified, shall be
considered "unemployed" for the purpose of eligibility for
unemployment compensation benefits if for any week of less than
full-time work, the wages payable to the individual for that week,
when reduced by $200, do not equal or exceed the individual's
unemployment weekly benefit amount.  This bill would require the
payment of unemployment compensation to an individual under these
circumstances in a weekly amount equal to his or her weekly benefit
amount less the amount of wages in excess of $200 payable for that
week, with benefits subject to the regular one-week waiting period.
This bill would be limited to residents of a county with an
unemployment rate in excess of 13% that is covered by a specified
order of the Federal Emergency Management Agency.
   This bill would provide for repeal of these provisions on August
7, 1999.
   Existing law provides that unemployment compensation benefits are
paid from the Unemployment Fund, a continuously appropriated special
fund.  By expanding benefits payable from the fund, this bill would
make an appropriation.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1252.3 is added to the Unemployment Insurance
Code, to read:
   1252.3.  (a) Notwithstanding Section 1252, an individual is also
"unemployed," as determined by the director, if (1) the individual
has been laid off from work or is unable to commence work as a direct
result of freezing weather conditions that occurred in this state
from December 20, 1998, to December 28, 1998, inclusive, at the
individual's most recent workplace or regular seasonal workplace, (2)
the individual's continuing unemployment is a direct result of the
freezing weather, (3) the wages payable to the individual for any
week of less than full-time work, when reduced by two hundred dollars
($200), do not equal or exceed the individual's weekly benefit
amount, (4) the individual resides in a county that has an
unemployment rate in excess of 13 percent and that is covered under
the terms of Order 1267-DR of the Federal Emergency Management Agency
relative to the freezing weather of December 1998, and (5) the
individual is otherwise eligible to receive benefits under this part.

   (b) This section shall become inoperative and shall be repealed on
August 7, 1999.
  SEC. 2.  Section 1279.1 is added to the Unemployment Insurance
Code, to read:
   1279.1.  (a) Notwithstanding Section 1279, an individual who is
unemployed for any week pursuant to Section 1252.3 shall be paid with
respect to that week an unemployment compensation benefit in an
amount equal to his or her weekly benefit amount less the amount of
wages in excess of two hundred dollars ($200) payable to him or her
for work performed during that week.  Benefits shall be payable for
weeks of unemployment after allowing for the waiting period required
by subdivision (d) of Section 1253.  The benefit payment, if not a
multiple of one dollar ($1), shall be computed to the next higher
multiple of one dollar ($1).
   (b) For the purposes of this section, "wages" includes any and all
compensation for personal services whether performed as an employee,
an independent contractor, or a juror or witness, but does not
include any payments, regardless of their designation, made by a city
in this state to an elected official of the city as an incident to
that public office, or any payment made to a member of the National
Guard or reserve component of the armed forces for inactive duty
training, annual training, or emergency state active duty.
   (c) This section shall become inoperative and shall be repealed on
August 7, 1999.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   Because workers of low and moderate income are in need of
financial support as soon as possible as a result of an unforeseen
natural disaster, it is necessary for this act to take effect
immediately.
